Waiver of Privacy Rights on Criminal Probation
"An adult probationer consents to a waiver of his Fourth Amendment rights in exchange for the opportunity to avoid serving a state prison sentence.
'"When a defendant in order to obtain probation specifically agrees to permit at any time a warrantless search of his person, car and house, he voluntarily waives whatever claim of privacy he might otherwise have had.'" (People v. Reyes (1998) 19 Cal. 4th 743, 749, 968 P.2d 445, quoting People v. Bravo (1987) 43 Cal. 3d 600, 607, 238 Cal. Rptr. 282, 738 P.2d 336.)
The consent is a complete waiver of the defendant's Fourth Amendment rights, save only his right to object to searches conducted for harassment or in an unreasonable manner. (People v. Reyes, 19 Cal. 4th at pp. 753-754.)
For present purposes, a search is conducted in an unreasonable manner if it exceeds the scope of the probationer's consent as articulated in the search clause. (People v. Woods (1999) 21 Cal. 4th 668, 681, 981 P.2d 1019.)
"Whether the purpose of the search is to monitor the probationer or to serve some other law enforcement purpose, or both, the search in any case remains limited in scope to the terms articulated in the search clause." (Ibid; Bravo, supra, at pp. 605, 607.)